- 7 - attributable to activities not engaged in for profit. Section 183(b)(1), however, provides that deductions that are allowable without regard to whether the activity is engaged in for profit shall be allowed. Section 183(b)(2) further provides that deductions that would be allowable only if the activity were engaged in for profit shall be allowed, “but only to the extent that the gross income derived from such activity for the taxable year exceeds the deductions allowable by reason of” section 183(b)(1). Accordingly, $892 of the expenses incurred in petitioner’s fishing activity should have been allowed as an offset to the $892 of income received from the activity. Section 183(c) defines an “activity not engaged in for profit” as any activity other than one for which deductions are allowable under section 162 or under paragraph (1) or (2) of section 212 for the taxable year. The standard for determining whether the expenses of an activity are deductible under either section 162 or section 212(1) or (2) is whether the taxpayer engaged in the activity with the “actual and honest objective of making a profit”. Ronnen v. Commissioner, 90 T.C. 74, 91 (1988); Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983). While a reasonable expectation of profit is not required, the taxpayer’s profit objective must be bona fide. Hulter v. Commissioner, 91 T.C. 371 (1988); sec. 1.183-2(a), Income Tax Regs. Whether a taxpayer hadPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011